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Law Practice, Judges and Judiciary, California Courts of Appeal, Appellate Practice

On justice delayed

Mar. 1, 2021
By Myron Moskovitz

Appellate maven Jon Eisenberg recently filed a complaint with the Commission on Judicial Performance, naming three judges sitt...


Law Practice, Judges and Judiciary, California Courts of Appeal, Appellate Practice

Expedition vs excellence

Mar. 1, 2021
By Arthur Gilbert

To follow up on last month’s column “Revelations,” this column centers on, not centers around, opinion writing.


Law Practice

Storytelling in cross-examination

Mar. 1, 2021
By Chris Arledge

Telling effective stories is hard; telling effective stories through the mouths of unwilling and generally uncooperative witne...


U.S. Supreme Court, Criminal, Books

In 2005, the U.S. Supreme Court issued a vexing decision in Castle Rock v. Gonzales. There, the court found that a do...


Civil Litigation

California’s Unfair Competition Law and Consumers Legal Remedies Act remain the most litigated consumer protection statutes in...


Criminal, Constitutional Law, Civil Litigation

Self-incrimination and restraining orders in California

MCLE
Feb. 26, 2021
By Dean Hansell, Bryant Y. Yang

In part two of this two-part series, we examine how the privilege against self-incrimination affects proceedings under the DVP...


State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility

We’ve all heard the phrase “If it ain’t broke, don’t fix it.” But attempting to do so can backfire and cause more harm than go...


Constitutional Law, Civil Rights

School desegregation in California before Brown

Feb. 26, 2021
By John S. Caragozian

This story is set in the 1940s in California’s Orange County, then rural and agriculture-dependent. Owing to the era’s relativ...


Law Practice, Judges and Judiciary, Civil Rights

A better criminal justice system

Feb. 25, 2021
By Eugene M. Hyman

We need a criminal justice system that’s prepared to serve as the caretaker of the community. We also need more domestic viole...


Labor/Employment, Government, Entertainment & Sports

Forced by statute, anyone with a breach of contract claim that can be arguably insinuated as subject to the Talent Agencies Ac...


Government, Civil Litigation

The company alleges that Rudy fraudulently deceived millions of people into believing that Dominion had stolen their votes and...


Technology, Law Practice

As artificial intelligence is infused into the practice of law, there are abundant worries in the legal profession that lawyer...


Intellectual Property

This is unfortunate because it fails to give proper recognition to the tremendous potential of design patents to add value to ...


U.S. Supreme Court, Securities

Landmark insider trading case vacated in light of Bridgegate ruling

Feb. 24, 2021
By Matthew E. Sloan, Emily Ludmir Aviad

At this stage, it is unclear whether the 2nd Circuit will change its ruling on remand. The Supreme Court’s decision may signal...


Criminal, Constitutional Law, Civil Litigation

Restraining orders and the Fifth Amendment to the Constitution

MCLE
Feb. 24, 2021
By Dean Hansell, Bryant Y. Yang

This two-part article explores the effects of such an invocation in the civil proceeding when a parallel criminal action exist...


Alternative Dispute Resolution

A mediation checklist

Feb. 24, 2021
By Michael D. Marcus

Clients should also be told about the risks of litigation, including trial, mediation costs and the financial advantages and d...


Real Estate/Development, Alternative Dispute Resolution

2021 real estate trends and ADR

Feb. 24, 2021
By Mark Loeterman

Burdened with a growing backlog of cases, and courts that are unlikely to address these issues anytime soon, this article cons...


Alternative Dispute Resolution

Virtual ADR in a COVID-19 world

Feb. 24, 2021
By Rosemarie Chiusano Drohan

As a result of COVID-19, we all have experienced a state of seemingly unrelenting fear and panic, with family and health conce...


Government

Lessons learned

Feb. 24, 2021
By Fred Gaines

Reflections on my time on the Calabasas City Council, including two terms as mayor.


Judges and Judiciary

Q+A with US District Judge John Holcomb

Feb. 23, 2021
By William Domnarski

He’s one of the last Trump appointees confirmed by the Senate. Nerdy football player, a CV to die for, a sense of humor, and a...


Fortunately for lawyers trying either to make sense of the law or merely to properly represent their clients, Professor David ...


Health Care & Hospital Law, Data Privacy

Rewiring doctors’ and lawyers’ ‘HIPAA-campi’

Feb. 23, 2021
By An Thien (Andy) Tran

On Jan. 21, the Department of Health and Human Services issued a notice of proposed rulemaking to modify the HIPAA privacy rul...


Environmental & Energy, Administrative/Regulatory

Regulators propose major reform to Prop 65 short warnings

Feb. 23, 2021
By Willis M. Wagner, Deepi K. Miller

The California Office of Environmental Health Hazard Assessment, known as OEHHA, recently proposed amending certain regulation...


Law Practice, Civil Litigation, Appellate Practice

5 jury trial mistakes that can crush meritorious appeals

Feb. 22, 2021
By Rex S. Heinke, Ben Feuer

As California begins to emerge from the darkest pandemic months, it is a good time for trial lawyers to remember some of the t...


Criminal

A sharp rebuke to some of Gascón’s most controversial policies

Feb. 22, 2021
By Dmitry Gorin, Alan Eisner

While a judge took issue with some of the new DA’s most controversial policies, others were left in place. Either way, it appe...


Real Estate/Development

How neighborhoods can fight nuisance properties

Feb. 22, 2021
By Ryan Griffith

Dealing with severe nuisance properties presents unique challenges for cities, because typical code enforcement efforts of not...


Constitutional Law

Many private organizations, including those in which people are essentially required to join for business purposes, will likel...


For 2020 payments, the IRS developed a new form for reporting payments to independent contractors. The new form is IRS Form 10...


Law Practice, Ethics/Professional Responsibility

We cope with anxiety, stress, depression and other imbalances in our own ways, such as meditation, physical activity, hobbies,...


Health Care & Hospital Law

Therapists need clarity on duty to warn of patients’ violent threats

Feb. 19, 2021
By Alexander C. Sones M.D., Robert Weinstock

The varied interpretations of the leading case on the issue create three salient problems for practicing psychotherapists. Fir...